The separate opinion on page 425, volume XIII, May 1994, eighth term, Federal Judicial Weekly, headed “STATEMENT MADE IN THE ABSENCE OF DEFENCE COUNSEL OR PERSON TRUSTED BY SUSPECT, VALUE OF”, reads: Although it is quite true that, according to article 125 of the Federal Code of Criminal Procedure, the Public Prosecutor's Office is empowered, once an investigation is under way, “to summon any persons who may have been involved in the acts under investigation or who appear to have information about such acts to make a statement thereon”, it is also true that when, as part of the preliminary investigation, the official concerned receives a statement which may be a confession because it relates to acts prejudicial to the accused, he must act fully in keeping with the duty imposed by article 127 bis, first paragraph, in relation to article 287, section II, of the Code in question, which is that the right of the accused to appoint counsel or a trusted individual to help him with this statement to the Public Prosecutor's Office must be respected; if he does not, the statement made to him and any possible confession it may contain to wrongful acts cannot have probative value.
- Tesis aislada que aparece en la página 425 del tomo XIII, mayo de mil novecientos noventa y cuatro, octava época del Semanario Judicial de la Federación, cuyo texto es: "Declaración ministerial, sin la presencia de abogado defensor o persona de confianza del indiciado, valor de la".